Does Free Speech Trump Religious Freedom?

09/08/2010

Paul Munnis


What happens when Freedom of Speech collides with Freedom of Religion?

I think that Freedom of Religion must trump Freedom of Speech because the latter is being used to deny others their Freedom of Religious worship -- another Constitutional protected freedom.

Thus you have freedom of speech by one group used to deny another group their freedom of speech plus deny them their freedom of worship.

Using freedom of speech rights to deny others their freedom of speech and worship rights is in my opinion wrong and is a form of attempted legal bullying.

I am not a Constitutional lawyer or a Judge but if I were sitting on a jury this is how I would decide the case.

I think it wrong that free speech is being used to deny religious freedom. If I had to decide on whose rights are superior then I would choose freedom of religion for it too is a form of protected free speech plus religious freedom of worship is specifically protected.

By committing two wrongs the Florida Baptists do not make something right.

The planned event evokes a recall of the Nazi book and art works burning in 1933 in Berlin. It is an attempt to suppress knowledge of an aspect of God plus deny others their right to worship God plus deny them their right of freedom of speech and that is simply wrong.

If we are all created equal then it follows that we have a right to worship in our own time, manner, and place.

To say that a Baptist in Florida has a right to freedom of speech under the law when it denies another persons right to free speech and religious freedom in New York is wrong because it denies the Muslim two of his Constitutional rights under the law.

It is time for a Constitutional Scholar to seek a Court injunction on the Quran book burning event in Florida and stop it cold. That is why we have a Justice Department.

The Floridian Baptists should not be free to deny another religion their rights. It is time to get the hierarchy right and to set needed case law for future attempts at Constitutional Rights denial.

In my view the anti-Islam prejudice coming from the south is another example of a lack of tolerance for others. As individuals we may choose not to become a follower of Islam but in rejecting Islam we should not remove Islam’s right to freedom of worship nor deny others their right to make a choice. An appeal to prejudice and bigotry does not justify Constitutional rights denial.

The history of what happens when people are denied freedom of religion is that they practice it anyway – in defiance and when they are persecuted – in secret. The only reason for denying Islam its rights to worship freely, even in the shadow of 911 is because those seeking religious suppression must believe that their religion has less appeal than Islam. If that is so then it says little positive about the acuity of the Florida church seeking to burn the holy book of Islam.

I am glad the youth of Afghanistan object, I am sad the Floridian church fears Islam so much that they would deny them their right to worship God.

My beef is seldom with those who would worship God. I think it better than not worshiping God. I have more of a beef with those who worship money, notoriety, and power, while denying others their God-given religious freedom.

But then I’m an American who has been schooled in American history and Constitutional freedoms. Not all of my peers from the south have had the same advantage in their public school experience. I hope the Court will now act as an authoritative teacher to them.




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